(영문) 인천지방법원 2018.10.30 2018나1308 | 리걸엔진

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(영문) 인천지방법원 2018.10.30 2018나1308

청구이의

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 1, 2017, the Defendant received the payment order (hereinafter “instant payment order”) from the Plaintiff, stating that “The Plaintiff and B Co., Ltd. shall jointly and severally pay to the Defendant KRW 121,46,400 from September 11, 2017 to the service date of the original copy of the instant payment order, 6% per annum from September 11, 2017 to the service date of the original copy of the instant payment order, and 15% per annum from the next day to the day of complete payment,” and the said payment order was finalized around that time.

However, since the plaintiff did not raise an objection to the payment order of this case by mistake even though there is no reason for the plaintiff to pay the money to the defendant under the above payment order, execution based on the payment order of this case shall be dismissed.

2. According to the evidence Nos. 1 and 1 evidence Nos. 1 and the whole pleadings, the defendant prepared a repayment plan to the defendant that "B corporation will pay 121,46,400 won to the defendant, and the plaintiff signed and sealed the above repayment plan as a joint guarantor, and thus the plaintiff was ordered to pay the above money and damages for delay to the defendant." A corporation prepared a repayment plan to pay 121,46,400 won to the defendant up to September 10, 2017, around August 28, 2017, and the plaintiff signed and sealed it as a joint guarantor.

According to the above facts of recognition, the Plaintiff is jointly and severally liable with B Co., Ltd. to pay 121,466,400 won and damages for delay from September 11, 2017, which is the day following the due date for payment. Therefore, it is difficult to deem that the instant payment order did not have any cause.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion shall be dismissed on the ground of the ground of appeal.

The judgment of the court of first instance is unfair in conclusion.

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